ORDER

1. Grievance in this application is against violation of environmental norms by the housing projects belonging to M/s Countrywide Promoters Pvt. Ltd., Faridabad, Haryana and M/s BPTP Ltd., Faridabad, Haryana.

2. The applicants have stated that the Town and Country Planning Department of Haryana gave the license on 27.01.2006 to M/s Countrywide Promoters Pvt. Ltd. and its associate companies for development of group housing project over 17.97 acres of land at Village Budena, comprising of 1304 flats. The Building Plan was sanctioned on 15.12.2010. The License was granted under the Haryana Development and Regulation of Urban Areas Act, 1975 which expired in January 2020. M/s BPTP Ltd. sold the flats. No (cid:145)Occupancy Certificate(cid:146) has been issued. There is no water connection, road connectivity, school and other facilities. Directors of M/s Countrywide Promoters Pvt. Ltd., Faridabad, Haryana and M/s BPTP Ltd. Faridabad, Haryana are common. STP is not functional, in spite of collection of charges for maintenance of STP. There is no flow meter for consumption of water and waste generation. Rain Water Harvesting System is also non-functional. There is accumulation of water in the basement which is a source of mosquito breeding. Rain water harvesting pits are not maintained. Solar panels on the roof tops are non-functional. All these deficiencies were brought to the notice of the Director, Town and Country Planning, Haryana (DTCP) and the State PCB but without any result. Untreated sewage is discharged in basement. 900 families are living in the complex. Unchecked pollution is a potential threat for deadly diseases. The State Authorities have failed to take remedial actions for enforcement of right of clean environment. The applicant has referred to orders of this Tribunal in O.A. No. 506/2019, Mukund Dhote v. Union of India & Ors., wherein, this Tribunal found blatant violations of the EC conditions and directed remedial action by the State Authorities.

3. The grievances have been summed up as follows:

(cid:147)(A) Inadequate Sewerage Treatment Plant (STP) and disposal of sewage through Tanker;

(B) Non-functional Water harvesting system;

(C) Non-functional Solar panels(cid:146) at roof top;

(D) Incomplete 2nd basement misused as dumping ground for garbage & also accumulation of rain water;

(E) Deliberate discharge of sewage water in the basement(s)

turning them into chambers flooded with almost 1 to 2 feet of sewage emitting pungent fume making lives of all the residents miserable;

(F) Lack of water meters installed for flow management;

(G) Failure to connect the Society(cid:146)s sewer disposal with public sewer of Haryana Shahari Vikar Pradhikaran;

(H) Lack of medical facility in the project;

(I) No provision in the Society for segregation of solid waste into bio-degradable and non-biodegradable waste;

(J) Rain water harvesting for roof run off and surface run off provided with pre-treatment through sedimentation tanks are non-functional resulting in water logging and breeding ground for mosquitoes, insect & other bacteria;

(K) Rain water harvesting and ground water recharging is not practised at all.(cid:148)

4. The applicant has filed photographs showing dilapidated condition of the STPs, sewer disposal through tankers, garbage dumped in the basement of the society, water accumulation at the entrance gate of the society, rain water drains chocked with waste, condition of the solar panels for water heating and accumulation of untreated sewage in the basement. It is further stated that substantial question of environment is involved which this Tribunal is competent to determine the same and direct the restitution of environment and require the compensation to be paid for the damage already caused.

5. In Mukund Dhote (Supra) referred to by the applicant, this Tribunal constituted an Expert Committee which found serious violation of environmental norms and assessed compensation of Rs. 12,02,80,310/- (Rupees Twelve Crore Two Lakh